New Delhi: The Supreme Court on Monday directed a Special Investigation Team (SIT) to probe allegations of custodial torture of a woman following her arrest during protests over the rape and murder of a doctor at RG Kar Medical College and Hospital in Kolkata. A bench comprising Justices Surya Kant and Ujjal Bhuyan stated that not all cases require a transfer to the CBI, modifying the earlier order by the Calcutta High Court that had directed a CBI investigation.
The court instructed that the SIT, comprised of senior IPS officers nominated by the state government, submit weekly progress reports to the Calcutta High Court. Additionally, the Chief Justice of the Calcutta High Court has been directed to establish a special bench to oversee the SIT’s investigation and provide further directions.
On November 11, the Supreme Court had paused the High Court’s October 8 order for a CBI probe and asked the state to propose seven IPS officers, including five women, to form the SIT. The modification came after the West Bengal government appealed against the CBI probe, arguing that the state police were competent to handle the case.
Background of the Case
The custodial torture allegations emerged from a petition filed by two women, Rebeka Khatun Molla and Rama Das, who were arrested on September 7 and held at the Falta Police Station in the Diamond Harbour district until their judicial remand the next day. The women alleged physical torture while in custody, with one of them showing signs of hematoma (swelling caused by clotted blood) on her legs, as per a jail doctor’s report.
However, conflicting medical reports deepened the concerns. While the Diamond Harbour sub-correctional home medical officer documented hematoma, no external injuries were recorded by the examining doctor at Diamond Harbour Medical College and Hospital.
High Court’s Observations
The Calcutta High Court had noted these discrepancies and stated that the trauma likely occurred on September 7 while the women were in police custody. It deemed the inconsistencies significant enough to justify an investigation by an independent agency.
Initially, a single-judge bench directed the CBI to investigate, and this was upheld by a division bench. The state government, however, contested this, leading to the Supreme Court’s intervention and the formation of the SIT.
The SIT is now tasked with ensuring a thorough and impartial investigation while submitting regular updates to the High Court.
